ComplaintsforClay Walker Construction LLC

• Initial Complaint

  10/26/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Hurricane **** Signed contract with contractor ********** to complete home restoration from flooding. Contractor given authority to have direct contact with insurance *********** ********* still to this date hasnt paid full claim. Disputes some of contractors estimate (which weve never seen). Homeowner completed a lot or the repairs with contractors knowledge and ok. After repeated. Requests homeowner finally got a copy of original estimate contractor sent to insurance for settlement. Many examples of work that was never done by contractor or gross overstating square footage amounts. Contractor is demanding full payment from homeowner. Including out if pocket money for amount insurance refuses to pay for. Contractor is reducing the estimate to insurance but expects homeowner to pay the difference. Amount homeowner identified as errors on billing amounts to over *********. Contractor is refusing to consider this and has issued a deficient payment notice. So far we have paid contractor **********. Homeowner deducted amount from work he completed directly from falsified estimate but contractor will not honor the amounts listed. Can you help?

  Business response

  11/03/2023

  Tell us why here...The home owner did in fact enter a lump sum contract which was signed on January 6, 2023 for the sum of $**********. The homeowner wanted to perform certain aspects of the project such as:
  Painting the interior, carpet (they decided to go with tile to match the rest of home which would not be covered)
  HVAC (they chose to do on their own)
  Appliances (instructed not to install), laundry room ( home owner performed all work necessary in that location)
  Water heater (chose to install on their own)
  Exterior doors (gave back money on both but installed exterior door leaving laundry room)
  Base in closets which he did perform
  Temporary toilets
  Vanities, and
  Final cleaning.
  I agreed and the client did in fact perform the above listed work. I calculated an appropriate deduction base on the cost I avoided by not performing the work. The deduction totaled $*********.  A letter was sent to the client detailing this information when asked.
  I understand that the amount Allstate agreed to pay against the claim is less than the adjusted lump sum contract, but the lump sum price was not determined based on what Allstate would pay. It was based on my estimated costs to actually perform the work using relevant sub and supplier quotes. Perhaps, the client misunderstands this and that misunderstanding might be preventing my client and I from settling up on the final payment. I am not sure. Regardless, the client has not paid the earned contract price and will not agree to a payment plan (which I am willing to negotiate to help the client).
  The total adjusted contract amount, not including some work that would not be covered by insurance (the owner knew they would be out of pocket) sits at $**********. (Calculation: original contract ********** less deductions performed by home owner ********* leaves **********, they have paid ********** total which leaves an unpaid balance of *********). I have repeatedly sent this information to them.  In addition to this amount, the home owner owes an additional $844.99 for crown molding installed and exterior door installed for $1,788.00. I dont believe the client disputes this was extra work, but the client will not discuss it.
  The clients have repeatedly asked for me to deal with Allstate on their behalf, which was done without compensation, in attempts to get the customer an insurance settlement that is equal to the lump sum price (which was based on actual subcontractor and supplier pricing in the marketplace). The insurance company uses software and a pricing database that is often out of synch and behind marketplace pricing. I know this is frustrating to the client, but I cannot take projects based on the insurance companys claim amount. Real marketplace based costs are what I use to calculate the lump sum contract price because that is what it will actually cost. Again, the insurance companys database is not updated frequently enough to keep up with local market conditions.
  After submitting the claim on 10-21-2023, I received a text from the client requesting attention to additional work to be done.  We have not spoken but it looked like final construction cleaning which he requested be taken out of the contract and was.The date of the text was 10-27-2023 which is clearly after submitting a claim the BBB, in doing so, the client is clearly looking to get additional work,which has already been awarded them through deductions,  with which they have no intention of paying.
  As far as delinquency, I did in fact send a letter on 10-19-2023 stating they were delinquent on payment application #3.  This payment application (dated 4-19-2023) was for $114,400.00 and the client has paid to date, not including change orders, a total of $********** leaving $4,400.00 unpaid against payment application #3. I have not sent a delinquency letter for the full amount outstanding on the entire contract. The client is mistaken.
  We have in fact held up our end of the contract, in fact, on several occasions gone above and beyond what could reasonably be expected. As far as a resolution is concerned, we are willing to negotiate a payment plan spread out over an 18 month period and at a reasonable interest rate with the client if that would resolve the issue.

  Customer response

  11/07/2023

   
  Complaint: 20764949
  
  I am rejecting this response because:
  Contractor is charging homeowner for work never completed. Contractor is not giving full and fair compensation for work homeowner completed
  Sincerely,
  
  *************************

  Customer response

  11/15/2023

  Please see attached supporting documentation.

  Business response

  11/20/2023

  The client states that I have not given full and fair compensation for work performed by him. I did indeed provide full and fair compensation for said work.  Following is a letter sent to the client which shows exactly how much was deducted from the total.
  Total Deduction Calculation this calculation was done on 5-21-2023 as referenced in letter dated 5-21-2023 with the exception of the last 2 items which were addressed in a separate letter.
  
  Paint                                                                                                        19,540.00
  Carpet                                                                                                       8,143.00
  HVAC                                                                                                         4,959.00
  Tep Toilet                                                                                                     428.00
  Appliances                                                                                                6,550.00
  Laundry Room                                                                                         2,545.00
  Water Heater                                                                                           1,743.00
  Exterior Doors                                                                                         6,132.00
  Vanities                                                                                                    3,737.00
  Base in Closet                                                                                            531.00
  Deal cut with my subcontractor (will honor)                                    1,500.00
  Final Cleaning                                                                                        1,000.00
  Total                                                                                                       56,808.00
  
  In addition, the client is using information that in no way reflects how the complete job was estimated. He knows this and I have told him repeatedly how the job was figured.  The contract clearly states the builders proposal is in fact the estimate.
  
  The Improvements are exclusively defined in Builders proposal, which is attached to this Agreement as Exhibit C (the Builder Proposal). The Builder Proposal is incorporated into the Agreement by reference. Anything not specifically allocated to Builder in the Builder Proposal is not Builders responsibility.
  
  Below is the actual Proposal
  
  Price to include:
   ******************
  Content Manipulation
  Drywall Hung, Taped and Finish
  Finish Carpentry and Trim Work
  Framing / Rough Carpentry
  Painting of Walls and Trim
  Necessary Electrical Repairs / Outlets / Switches / Wiring / Hook-Ups
  Plumbing Install and Replacement of Damaged Items
  Cabinets Kitchen and Bathrooms
  Flooring Carpet and Tile
  Repair / Replacement of Windows / Interior, Exterior Sliding Glass Doors
  Clean and Service of HVAC System
  Pressure Wash / Clean of exterior Including Lanai
  Final Construction Clean Upon Completion of Re-Construction
  Debris Removal
  
  All of this work has been completed or given back to the client in the form of a deduction from the original contract.
  
  The client has consistently shown that they are unwilling to pay bills in full and on time.  Below is a letter given to the client on 1-6-2023 which describes the deposit required to begin the work.  The client did in fact write a check on that day for the sum of $30,000.00, which is short or the required deposit.
  
  To Whom it may concern,
  
  Clay Walker Construction will require a 25% deposit as an initial payment to start the rebuild process,   Progress payments can be applied for on a 2 week basis or as needed.  The total initial deposit will be $57,111.32 leaving $171,333.96 as a balance to finish.
  
  Later the client wrote another check for $20,000.00 in an attempt to catch up on payment.  The 1st 2 checks did not cover the initial deposit amount. I then supplied them with another letter which showed where the company was and where the billing should be.  They were still underpaid.
  
  2-7-2023
  Work Complete
  Dry Wall                                                                       39,319.00
  Tile Work in Bed Rooms                                       10,402.00
  Work before April 1, 2023
  Doors                                                                              11,594.00
  Trim in Bed Rooms                                                    5,669.00
  Total Owed                                                                  66,984.00
  
  I will send an invoice for the remainder after the deposit. This will get you what you need for April 1, 2023.
  
  Current deductions that you will see at the end of the contract duration (there was no line item for Hot Water Heater):
  
  Carpet                                                                              8,143.00
  Paint Walls Only                                                       10,938.00
  HVAC                                                                                4,959.00
  Temporary Toilet                                                            428.00
  Total Deduction                                                         24,468.00
  
  You will see this at the end of the Contract.
  
  
  The client is still currently delinquent on payment application #3 by $4,400.00
  
  
  Payment Application
  
  
  Project    *** and *************************
  Payment Request No.  3 Period                                                                                       2-7-2023 to 4-19-2023
  
  Original Contract Amount                                                                                                                      228,445.28
  Approved Change Order                                                                                                                                    0.00
  Adjusted Contract Amount                                                                                                                   228,445.28
  Value of Work Completed to Date                                                                                                      114,400.00
  Materials Stored of Site                                                                                                                                    0.00
  Total (Work Complete + Materials Stored)                                                                                       114,400.00
  Less Previous Payment                                                                                                                            50,000.00
  Amount of this Application                                                                                                                    64,400.00
  Balance to Finish                                                                                                                                    114,045.28
  
  Again,the client signed a contract for construction on 1-6-2023 and consistently refuses to abide by the document he signed. I have previously offered a remedy by making a payment schedule but have not received a response.

  Customer response

  11/21/2023

   
  Complaint: 20764949
  
  I am rejecting this response because:

  identified roughly ********* worth of line items on said estimate of work that was not completed or overstated by contractor. Homeowners have never been reimbursed for these items even though corrections had been made to insurance company by contractor. In fact homeowners feel they have overpaid contractor for the work that was actually done.  Contractor has never adjusted amount of contract to reflect changes made with insurance company. We were on site everyday. We documented and photoed work as it slowly progressed. We will not pay for work that was never completed. 

  
  Sincerely,
  
  *************************

  Business response

  11/27/2023

  Client states roughly ********* worth of line items from said estimate.  Again I refer him to the contract he signed, The improvements are exclusively defined in Builders proposal.  This is what he signed.
  
  The Improvements are exclusively defined in Builders proposal,which is attached to this Agreement as Exhibit C (the Builder Proposal). The Builder Proposal is incorporated into the Agreement by reference. Anything not specifically allocated to Builder in the Builder Proposal is not Builders responsibility.
  
  Nowhere in the contract does it state that the Contractor agrees to work for whatever the insurance company might pay.
  
  Addressing slow progress, the client could never pay on time and in full.  Inability to pay prevents work being complete.
  
  The client is trying to get away from his contractual obligation because of non payment from his insurance company.  In no way did the contractor agree work for what he could collect. 
  
  The client has still not contacted to resolve.

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